YOUR PROBATE LAW ATTORNEYS
Probate
Probate Courts in Alabama have jurisdiction over cases such as the probating of an estate, mental commitments, guardianships and conservatorships, and adoptions. The attorneys at McDowell, Faulk & Shirley have extensive experience in the various areas of probate law and are ready to help you navigate that process. Whether you have had a loved one to pass on, or you are looking to care for someone who can’t care for themselves we can guide you on the best path forward.
Probating an Estate
When someone dies, it is often nessecary to handle their affairs through the probating of their estate. Though not all estates have to go through probate many do. Usually the estate must be probated in the county where the person lived, like Autauga, Elmore, Chilton, or Montgomery Counties. Because the probate process requires specific paperwork, inventories, and other documents, it is best to not go it alone.
When there is an estate with a will your probate attorney will file a petition with the Court asking the will to be admitted to probate and then will guide you through the estate process. This process includes notifying potential creditors, identifying and protecting assets, and determining heirs. In Alabama, once a will is admitted to probate, the estate must remain open for at least six months before the terms of the will can be carried out. During this time experienced probate lawyers like those at McDowell Faulk will ensure everything goes smoothly and you are able to honor your loved one’s wishes.
An intestate estate is when someone dies without a will. In this instant your probate attorney will file a petition with the Court requesting to open the estate and to appoint you, or whomever else you chose, to serve as the administrator of the estate. This type of estate requires the posting of a bond in an amount similar to the total assets of the estate and requires a detailed inventory of the estate’s assets. Your probate attorney will make sure the appropriate parties are served, notice is given to creditors, and other procedural hurdles are overcome to bring the estate to a close. Like with a will, an intestate estate must remain open for at least six months.
Mental Commitment
Though the process can be unpleasant, mental commitment proceedings are sometimes necessary to best care for a loved one. To navigate getting someone the mental health help they need you need an experienced attorney to guide you. When seeking an involuntary commitment you must show the Court that the person in question is a potential danger to themselves or to others, and that commitment is the least restrictive means of treatment available. This process requires information from doctors and extensive medical information. When you have a loved one who needs this kind of treatment it is important to have an experienced lawyer to spearhead the process for you.
Guardianship & Conservatorship
Sometimes it is necessary to provide for the physical and legal affairs of a loved one due to their incapacity. Whether someone can no longer care for or make decisions for themselves because of their health, mental impairment, or some other issue, usually, to do so, you need to get permission from the Probate Court for you to be able to provide for your loved one’s need. This permission allows you, as a guardian, to make legal decisions, and/or as a conservator to make financial decisions on the incapacitated person’s behalf.
A guardianship allows you to make decisions on someone else’s behalf to ensure their needs and best interests are met. Sometimes these are medical decisions or it could be decisions about where that person is to live. A guardianship gives you the legal authority to act for someone else, even if they may not themselves make the choices you would make. This process is often needed when an individual is no longer capable of making sound decisions about their current situation or about their future.
A conservatorship is much like a guardianship but is strictly related to an incapacitated person’s finances. As conservator you are given the ability to manage the other person’s financial affairs and to ensure their bills are paid and they are on sound footing financially. As a conservator you must keep good records, provide accountings to the Court and must secure a bond in an amount similar to the value of the incapacitated person’s estate.
Adoptions
We understand that many times when you need the services of a lawyer things aren’t always going well. One pleasant moment when you need a lawyer is with adoption. We are big proponents of adoption and even have several adoption stories among our attorneys and staff. Whether step-parent adoption, grand-parent/family adoption, international adoption, or adoption after termination of parental rights, the lawyers at McDowell Faulk is ready to come alongside you to help you grow your family. With recent changes to the Alabama adoption code, the process to adopt has changed and their are more requirements than ever before.
Our Practice Areas
Contact
- P: (334) 365-5924
- F: (334) 365-6016
- 145 W. Main St., Prattville, AL
- office@mcdowellfaulk.com
